118 STAT. 2639 PUBLIC LAW 108–445—DEC. 3, 2004 ‘‘(5) The amount of performance pay payable to a physician or dentist in a fiscal year shall be determined in accordance with regulations prescribed by the Secretary, but may not exceed the lower of— ‘‘(A) $15,000; or ‘‘(B) the amount equal to 7.5 percent of the sum of the base pay and the market pay payable to such physician or dentist in that fiscal year. ‘‘(6) A failure to meet goals or objectives applicable to a physi cian or dentist under paragraph (2) may not be the sole basis for an adverse personnel action against that physician or dentist. ‘‘(e) REQUIREMENTS AND LIMITATIONS ON TOTAL PAY.—(1)(A) Not less often than once every two years, the Secretary shall pre scribe for Department wide applicability the minimum and max imum amounts of annual pay that may be paid under this section to physicians and the minimum and maximum amounts of annual pay that may be paid under this section to dentists. ‘‘(B) The Secretary may prescribe for Department wide applica bility under this paragraph separate minimum and maximum amounts of pay for a specialty or assignment. If the Secretary prescribes separate minimum and maximum amounts for a specialty or assignment, the Secretary may establish up to four tiers of minimum and maximum amounts for such specialty or assignment and prescribe for each tier a minimum amount and a maximum amount that the Secretary determines appropriate for the profes sional responsibilities, professional achievements, and administra tive duties of the physicians or dentists (as the case may be) whose pay is set within that tier. ‘‘(C) Amounts prescribed under this paragraph shall be pub lished in the Federal Register, and shall not take effect until at least 60 days after the date of publication. ‘‘(2) Except as provided in paragraph (3) and subject to para graph (4), the sum of the total amount of the annual rate of base pay payable to a physician or dentist under subsection (b) and the market pay determined for the physician or dentist under subsection (c) may not be less than the minimum amount, nor more than the maximum amount, applicable to specialty or assign ment of the physician or dentist under paragraph (1). ‘‘(3) The sum of the total amount of the annual rate of base pay payable to a physician or dentist under subsection (b) and the market pay determined for the physician or dentist under subsection (c) may exceed the maximum amount applicable to the specialty or assignment of the physician or dentist under paragraph (1) as a result of an adjustment under paragraph (3) or (4) of subsection (b). ‘‘(4) In no case may the total amount of compensation paid to a physician or dentist under this title in any year exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3. ‘‘(f) TREATMENT OF PAY.—Pay under subsections (b) and (c) of this section shall be considered pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5 and other benefits. ‘‘(g) ANCILLARY EFFECTS OF DECREASES IN PAY.—(1) A decrease in pay of a physician or dentist resulting from an adjustment in the amount of market pay of the physician or dentist under subsection (c) shall not be treated as an adverse action. Federal Register, publication. Effective date.
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